Completed my 5 years after joining date in a company.So am i eligible for the Gratuity?

sevenhr
Dear V.M.Lakshminarayanan sir,
Thank you for your valuable replay i understood your answer but i'm asking again second type of question pls answer me sir,
for example,
A company = 1 year service
B company = 2 year service
C company = 1 year service
D company = 1 year service is my present company
totally 5 years so my present company will pay for gratuity (but not complete 5 years in D company)
Reg.
Seven
vmlakshminarayanan
Hi Seven
Obviously NO. 5 years continuity of service without break with one employer is mandatory for gratuity eligibility. So answer is NO.
naveen-kanojia
Hi Sir,
I have completed 5 years in the company and my notice period is also completed of 1 month but still I have not received my gratuity amount. And I was in finance, due to some errors in account number of the employees they have deducted that amount from my salary without my consent. What can I do for that. Still my full & final is pending.
vmlakshminarayanan
Hi,

Gratuity, as payable to an employee, can be forfeited only when he is dismissed from service for wilful omission and riotous and disorderly behaviour involving moral turpitude etc. as stipulated under section 4(6) of the Payment of Gratuity Act, hence, withholding of gratuity by the employer of an employee cannot not be justified.

Even after request if Gratuity is not paid by the Employer you can appeal before the Assistant Commissioner of Labour of your office juridiction for Gratuity payment.

Also want to know what was the exact issue and whether your employer incurred any financial loss due to your negligence?
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